Vernon County, Wisconsin - Chapter 16: The Bar of Vernon County, 1884
From History of Vernon County, Wisconsin, Together with Sketches of Its Towns, Villages and Townships, Educational, Civil, Military and Political History; Portraits of Prominent Persons, and Biographies of Representative Citizens; History of Wisconsin.., published 1884. 7,195 words, reproduced complete and unedited. Source changes inside the text are labelled in place.
Contents
3 sectionsThe section headings the book prints inside this chapter. Each one jumps to where it begins.
The text
7,195 wordsMachine-read from scans of History of Vernon County, Wisconsin, Together with Sketches of Its Towns, Villages and Townships, Educational, Civil, Military and Political History; Portraits of Prominent Persons, and Biographies of Representative Citizens; History of Wisconsin.., published 1884. Nothing has been corrected: fixing what looks like a misspelled name is how an invented one gets published. Source changes are marked where they occur.
Chapter 16: The Bar of Vernon County
There is no class or profession which has more influence in social or political matters than the bar. Even the press, which wields a mighty power among the masses, does not surpass it, as matters treated are generally local and varying. The pulpit, a great worker of good, is more devoted to the moral and spiritual welfare of man. But the profession of law embraces all under one grand aim. Upon the few principles of natural justice is erected the whole superstructure of civil law, tending to relieve the wants and meet the desires of all alike. The grand object of law is equal justice to all. Laws ai-e formed as exigences arise demanding them, by the representatives of the people. Change is necessary. The wants of the people of to-day, and the lawful restraints to be thrown around us of the present age differ from those of past years. They are either too lenient or too severe; in one case to be strengthened, in the other modified. The business of the lawyer does not call upon him to form laws; but it lies with him to interpret them and make their application to the daily wants of men. Every matter of importance, every question of weight auiong all classes aud grades of society, come before him in one form or another for discussion. Hence, the lawyer is a man of today, posted upon all matters pertaining to the age in which he lives. His capital is his ability and individuality, and he cannot bequeath them to his successors. They die with him or live in the memory of his deeds and sayings.
In the early days of Wisconsin, business was not so great in extent as to occupy the full time of the lawyer. Suits were not so numerous or remunerative as to afford him a living for himself and family, and often other occupations were taken in connection to swell the slender income. As a rule the lawyer became a politician, and more of the prominent lawyers of those days went to Congress and the State Legislature than at present. The people demanded their services and they were glad to accommodate the people. To-day the profession stands at the head, almost, of all others, and the good lawyer must always be prominent, as he is one of the forces which move, control and protect society.
The Bar Of The Past
The bar of Vernon county has numbered among its members many who have been an honor to the county and to the profession, as well. So far as material was accessible, sketches are given of each attorney who has practiced before the courts of the county. If any are omitted, it is because their names have been forgotten, not from intention. The peculiarities and personalities which form so pleasing and interesting a part of the lives of the members of the bar, and which, indeed, constitute the charm of local history, are, in a great measure wanting. Unlike the fair plaintiff in the famous Bardell vs. Pickwick, there has been no "painstaking sergeant to relate the facts and circumstances of the case."
Of those attorneys who resided in the county at one time, and are now dead or have quit practice or left the county, the historian will speak first, later of the present bar. . ,
Among those who have practiced before the courts of Vernon county, or who have been licensed resident lawyers, are the following: Lorenzo A. Pierce, T. J. De Frees, Rufus Dunlap, H. W. McAuley, A. H. Older, W illiam Austin, R. C. Bierce, John J. Cole, W. S. Purdy, Carson Graham, O. O. Phillips, Newton M. Layne, D. B. Priest, E. H. Harding, T. C. Ankeny, H. H. Natwick, T. J. Vinje, C. N. Harris, A. W. Campbell, D. E. Hatlestad, R. J. Chase, John Nicholson, E. J. Steele, A. A. Hosmer and David Briggs.
Lorenzo A. Pierce was the first licensed lawyer in Vernon - then Bad Ax - county. Prior to the organization of the county he had come from Dane county and located upon a piece of land about two miles north of Viroqua and was engaged at farming. He had a fair common school education, and had been a school teacher. When the county was organized he was elected district attorney, so he began reading law, and was admitted to the bar at the first term of circuit court held in the county, on the 9tb of May, 1851. He remained in the county but a short time, leaving it is thought to return to Dane county.
Thomas J. De Frees was one of the earliest settlers of the county, and among the first licensed attorneys. Mr. De Frees was born Nov. 4, 1804, in Rockbridge Co., Va., four miles from Lexington, the county seat. When seven years of age he removed with his parents to Miami Co.,Ohio,near the present city of Piqua. Here he re.=ided until May, 1837, when he moved with his family to the State of Illinois; thence to Wisconsin, in the present Vernon county, in 1846, where he arrived on the last day of July. He located upon a farm about one mile and a half south of town, and a few years later moved to town. At the second term of the circuit court he was admitted to the bar^ and, for a time, did his share of what little legal business there was to do. About 1856 he sold his farm to a Mr. Beabout, and moved to Victory, where be was engaged in tuerchaudisr ing for a short time; then came back to Viroqna and bought some property on Bishop branch of Wolf creek. Here he put up a little grist mill. Several years later he and his son-in-law, O. C. Weeden, bought a steam engine and put that into the grist mill. They sold to Joshua and James Ady. In 1874 both Mr. De Frees and his son-in-law removed to Kansas, where they still live. Mr. De Frees, it is claimed, gave the first name to the county - Bad Ax - from the river of that name. He was the first probate judge of that county; served out the term for which he was elected, and was appointed by the governor to serve part of another term. He was also the third district attorney of the county.
Rnfu.s Dunlap wasamong the first settlers in the county. He came from Ohio; was a man of about forty years of ag© and was genial and pleasant in disposition. He went to keeping hotel at Viroqua. In November, 1&51, he was admitted to the bar but never attempted the practice of law. He remained here until the time of his death.
H. W. McAuley was for many years an active and prominent member of the bar of Vernon county. He came to Viroqua in 1853 from Lancaster, Grant Co., Wis., and opened a general merchandise store in company with George McCormick. Later he opened a regular law office and pursued the profession for several years. He still lives in the county, now making his home in the town of Wheatland.
H. W. McAuley is one of the well known early settlers of Vernon county, and has been intimately connected with its progress since its organization. He was an early attorney of the county and was admitted to the bar in ]8i2. He commenced practice in Jackson Co., Iowa, in March, 1843, where he remained four years. He was admitted to, and practiced in all the courts of the territory (Iowa then being a territory) and practiced successfully with such lawyers as Platte Smith, of Dubuque, Judge Leilingwell and Timothy Davis. He was a student of the old common law practice of Blackstone, Chitty, Starkie, Maddox, Rosco, Comyn, Jones, etc., but never was a willing devotee to the code practice (or Gunter's rule) of cut and try. A native of North Carolina, his ancestors belonged to the Mecklenberg colony and emigrated from Scotland to North Carolina, in 1'774. He was born Sept. 9, 1816. His father, Daniel McAuley, emigrated to Mythe Co., Va., when H. W., was but three months old. In 1830 the family moved to Hendricks Co., Ind. Mr. McAuley came to the territory of Wisconsin, in 1S35, and located at Mineral Point, in what is now Iowa county, where he was engaged in mining for a time. He was in Grant county when it was organized, in May, 1835. In August of that year, he went back to Mineral Point. Mr. McAuley, at this time, was quite a young man and not permanently located. He went back to the State of Indiana in the fall of 1835, but returned to Wisconsin again, the following year. In 1838 he again returned to Indiana and was married at Lebanon, Boone county, in 1839, and in 1840, returned to Wisconsin and located at Lancaster, Grant county. He had built the first house in the present village of Lancaster, two years previous, in 1838. In 1852 he came to the town of Wheatland, and assisted in laying out the village of Victory, as will appear in the history of that town. He was the first man who sold goods in that village, and has been a resident of Vernon county since 1852. In November, of that year, he went to Liberty Pole and engaged in mercantile business. In the fall of 1853 he moved his goods to Voroqua, where he continued business for some time. In 1854, owing to the difficulty of finding a store room, lie removed to the town of Sterling and located on section 16. On the Bad Ax, he built a saw and grist mill, which was the second mill built on the south branch of this river, Ira Wisell having erected the first. Mr. McAuley was engaged in milling until 1871, when he sold out to his sons, William H. H. McAuley and R. M. McAuley, and removed to Viroqua, jn J872; in 1873 removed to Sparta, where he was engaged in the patent business for a time. In 1869 he patented a turbine waterwlieel, and in 1870, a nut lock of great merit, but never introduced it; then again located in the village of De Soto in 1875 and sold goods for a time. He now resides in the town of Wheatland on section 31, town 12, range 6, west, where he is engaged in farming, making a specialty of raising sorghum. Mr. McAuley has been three times married, his first wife was Eliza A. Richie, born in Nicholas Co., K>.; the second wife was Rebecca A. McConnell, a native of Ohio; his present wife was Melvina Sloan, born in Clarion Co., Pa. Mr. McAuley has had twelve children, seven of whom are living, three sons and four daughters. In 18.34 he wrote his first letter, which was badly executed, he not having had any instruction, being now away from home, at tlie age of seventeen, because of shame for his ignorance. But July .5, 18;i4, he started to school at the Wabash College, at Crawfordsville, Ind., where he continued at intervals, as his health would permit, until the spring of 1836, having visited Wisconsin, in 1835, as before stated, for his health. Poor health from 1833 to 1851, prevented his entrance into public life, so he contented himself with an in \'estigation into the matters of science, history, political economy and religion. He was always slow in taking a position on any new question, and as slow to yield to public sentiment which so often leads the unthinking man astray. He is an ardent lover of machinery, and firmly believes that the day is close at hand, when machinery will do all the work and leave the human hand and brain nothing to do but control; when the air like the water, will be navigated by vehicles as safely, the one as the other, as nature's elements are equal to the gratification of every desire of an elevated civilization. Development and maturity are the result of circumstances over which no finite hand or mind has any control.
upon a farm near Viroqua. He was a man of about thirty-five years of age and had a family. Whether he was ever admitted to the bar is a question, but he practiced considerable before justice's court in early days, and for a time was justice of the peace. He remained here until 1850, when he sold his ]ilace to N. Morrison, and moved to the Slate of Iowa, where, when last heard from, he still lived.
William Austin came to the county in 1853, from Marquette county, in the eastern part of the State, and settled at Readstown, where he built a little brewery, which burned down a few years later. While there he began the practice of law, and was admitted to the bar ai Viroqua. He remained in the county until just before the breaking out of the war, when he moved to Iowa, and when last heard from was in California. Austin never amounted to any thing as a lawyer; nor, in fact, was he successful in anything else he undertook. He was a pleasant appearing, oily tongued fellow, and many of his transactions while here betokened unsavory principles.
Royal Clifton Bierce became a member of the Vernon county bar in 1853. He was born in Cornwall, Litchfield Co., Conn., on the 3d of October, 1818 ; being the next to the youngest of eleven children. His father died when he was five years old, and the following year, the mother, with such of the children as were still living at home, moved to Nelson, Portage Co., Ohio. Royal C. received his education at the district schools in Cornwall and Nelson, and in the academies of Tallmadge and Farmington, Ohio. When twenty years of age he entered the law office of Hon. John Crowell, of Warren, Ohio, and having read law the statutory length of time, was admitted to the bar. He did not attempt to practice law in Ohio, save now and then in justice court, but taught school for two years and then came west, landing at Burlington, Iowa. He taught school near there one year, and not being satisfied with the country, came to Wisconsin and located at
Patch Grove, Grant county, in May, 1845. For a time he worked for a farmer and in November began teaching tlie district scliool at Patch Grove. In May, 1846, he tore up his Ohio diploma, went to Lancaster and entered the law othce of Barber Dewey, remaining with tliem until the fall term of court, when he was admitted to the bar. After his admission he practiced law for two years in company with Oran I. Spencer, when his health failed and he abandoned his practice. In the fall of 1853 his health having improved he located at Viro<|ua, and settled down to steady practice. He held the office of district attorney of Bad Ax, Vernon county, for two terms ; the first in IS54-5, the second in 1858-9. In 1858 the Legislature passed an act requiring a thorough enrollment of the militia, organizing it into divisions, brigades and regiments, and requiring the governor to appoint all necessary field < fficers. Under this law. Gov. Randall appointed Mr. Bierce colonel. The enrolled militia of Bad Ax county constituted the 16th regiment, third brigade, fourth division. Isaac Spencer, of Springville, was appointed general of the brigade. In the summer of 1859 Mr. Bierce formed a partnersliip with Newton M. Layne, but in the summer of 1861, Mr. Layne went into the service. This partnership continued in name until the death of Mr. Layne, in 18G4. In September, 1870, Mr. Bierce, feeling broken up in mind and body in consequence of losses sustained in the great tornado, sold his property in Vernon county and bought a half interest in the Sparta Eagle. He moved his family to Sparta, and remained in sole editorial control of the paper until May, 1871, when he sold his interest in the Eagle, and removed to Menomonee, Dunn county, where he at once opened a law office. lie held the office of district attorney of Dunn county for three successive terms, from January, 1872, to 1878, and upon the expiration of his last term of office, retired from practice. When J. M. Rusk was elected governor, Mr. Bierce accepted an office in the adjutant general's department of the State government, which he still retains. Mr. Bierce was married in 1856, to Emily Ann Green, of Holyoke, Mass., by whom he had three children, one of whom is still living. The mother died July 25, 1874, and in November, 1875, Mr. Bierce married Mrs. Elvira M. Doerr, of Springville, a daughter of Rev. Luther Kendall. They have one child - Flora Emily.
John J. Cole came to Vernon, then Bad Ax county, from Massachusetts and located at Viroqua, in 1856. He had been admitted to the bar and in practice before coming here, and upon his arrival formed a partnership with Hon. W. F. Terhune. He was well read in law, a hard student and had good success at the bar. He remained for several years when he removed to La Crosse, where he still lives.
William S. Purdy was admitted to the bar in 1859, but was never actively engaged in the practice of law. W. S. Purdy was born in Carlisle, Sullivan Co., Ind., Aug. 28, 1822. His father died when he was eleven years of age. - Previous to this time his opportunities were limited, so far as getting an education was concerned, to subscription schools. From this time he assisted his mother, who was left wdth insufficient means, to swpport a large family of children. At the age of fifteen he commenced to learn the saddler's trade, which vocation he followed for about eleven years. In 1845 he came to the territory of Wisconsin. After spending all Ins money in raining, he worked in Mineral Point at his trade for about six months. Mr. Purdy married in Indiana and settled in Highland, Iowa Co., Wis., where he remained for one year. He then removed to Bad Ax, Crawford county, now in the county of Vernon. For ten years he followed farming, when he was elected clerk of the circuit court, which office he retained for eight years. He represented the counties of Crawford, Richland and Vernon in the State Senate one term. While living upon his farm he held almost all of the local town offices at various times. In 1869 he was elected county judge and served for two terms in this capacity. He was married in 1846 to Jane E. Lemon. Tiiey buried two children and have two girls and six boys still living. Mr. Purdy was a whig in early days, but since its organization he has affiliated with the republican party and has always been an active politician. He made Vernon county his home until 1873 when he moved to Pratt Co., Kan., where he still lives.
Judge Carson Graham, for many years a prominent member of the bar of Vernon county, was born in Erie Co., Penn., Dec. 25, 1815. He acquired his education at the common schools and academies of his day. His father was a farmer, and his labor was upon a farm until the age of seventeen, when he went to Pittsburg to learn the printer's trade, where he worked for a short time, and not liking the business returned home. He then taught school for some time. In 1 835 he commenced the study of law and on the 18th day of December, 1837, he was admitted to the bar. Soon after he was appointed assistant attorney general, of Pennsylvania. He was also deputy United States Attorney for the western district of the same State for six years when he came to Wisconsin to look the country over. Failing to find a location to suit him, he returned to Pennsylvania. In 1849 he determined to return to Wisconsin, and accoi'dingly he located at Fond duLac, where he remained three years, when he moved to Dubuque, Iowa. After a short stay in Dubuque, he located at LaCrosse ; but being broken down in health, he returned to Erie, Penn., and resumed practice there until 185'?. At this time the desire to go west again, returned, and accordingly he went to La Crosse where he remained until September, 1859, when he visited Viroqua on business and, as there seemed to be an opening here, he remained during the winter. In the spring of 1860 he formed a partnership with W. F. Terhune, and a year later was elected county judge, and this settled the question of his permanent location. In the spring of 1864, he was re-elected, holding the office eight years. He was also distr'ct attorney two years. He was appointed register of bankruptcy for the sixth congressional district by President Grant and held that office until it was abolished. Judge Graham continued in active businsss at Viroqua until the time of his death, Jan. 30, 1881. He was a man of fine social qualities. Possessing a wonderful fund of anecdote, with a splendid memory of past historical events, he was a most interesting conversitionalist and public speaker. His widow still survives him.
O. O Phillips came to Viroqua in 1860, and read law with R. C. Bierce. When the war broke out he left the county, and his whereabouts are now unknown.
Newton May Layne became a member of the bar of Vernon county in 1860. He was born in Prestonsburg, Ky., March 19, 1839; being the eldest son of James H. and Sarah M. Layne. He came with his parents to what is now Vernon county, in March, 1854. In 1857 he was licensed as a local preacher in the Methodist Church. In 1859 he began the study of law in the office of Terhune & Cole, at Viroqua, and was admitted to the bar of the Bad Ax county circuit court, at the May term, 1860. He spent thg following summer at Madison, Wis., in the office of Lawyer Rollins, returning in the autumn to Viroqua, where he entered into partnership with Col. R. C. Bierce, and began practice. In 1861 he was the republican nominee for district attorney. In December, 186 1, he was commissioned captain of the "Bad Ax Tigers," a company recruited by himself and Lieuts. Goode and Charles W. Pitcher, which in January following was mustered into service as company C, of the 18th regiment. In March, 1862, they left Camp Trowbridge, Milwaukee; went South, and was in Prentiss' brigade at the battle of Pittsburg Landing. On the 6th of April Mr. Layne was taken prisoner, and in company with Gen. Prentiss and some sixty other officers, was held about seven months, when he was exchanged. He returned to his regiment in November, and continued in active service until after the fall of Vicksb'irgin July, 1803, when, being prostrated with chronic diarrhfpa, he returned to his home in Vernon county - came back to suffer, and finally, on the 28th of February, 1864, to die. Newton M. Layne was a young man who will long be remembered. He was a hard student from childhood; possessed of rare gifts of oratory; great personal magnetism and lofty aspirations, anchored to a strong Christian character. Few have stood upon the threshold of life's career with brighter prospects, and none have laid a more noble and willing sacrifice upon the altar of their country.
D. B. Priest was a native of Posey Co., Ind. When quite young lie began reading law and was admitted to the bar. At an early day he came north and located at Richland Center, Wis., where he opened a law office and also engaged in mercantile ti-ule. He remained there until lie broke up in the mercantile business, and in the spring of 1861 came to Viroqua. He opened a law office andbecame a prominent man here; holding the office of district attorney for several years, and represeTiting the county in the Legislature at different times. He was also interested in the VernonC'ounty Censor for a number of years. In I 86s he was appointed United States revenue collector for this district, and removed to Sparta, Monroe county, where he lived until the time of his death in 1872.
E. H. Harding came here shortly after the war and read law with Col. C. M. Butt. He was admitted to the bar in 1869, but never practiced any here. He had been teaching school at Hillsborough, and returned to that place. He became sick from the effects of a sun stroke received while in the army, was sent to Chicago to be treated and later returned to Wisconsin and died.
H. H. Natwiek was a Norwegian boy who was brought up in Vernon county. He studied law with Col. C. M. Butt, was admitted to the bar and engaged in practice. He is now somewhere in Dakota territory.
T. J. Vinje came to Viroqua in 1877 and became a partner of L. J. Rusk. He had been admitted to the bar, but had never had much experience of law. He was well read, full of energy and push, and being a Norwegian, he became quite popular among that people and did a good business. He lived here until the time of his death several years ago.
C. N. Harris was brought up from childhood in the town of Kickapoo, Vernon county. He attended the law department of the State University, graduating in 1879, and at once came to Viroqua. He formed a partnership with H. P. Proctor, which continued one year, after which he practiced alone until the spring of 1882, when he went to Aberdeen, D. T., where he still lives, being a member of the firm of Harris & Campbell. Harris was a smart fellow, and has excellent prospects. A. W. Campbell was a native of Wisconsin, coming to Viroqua in June, 1879, from Tomah. He was about twenty-three years old ; had read law in Madison and spent one year in the State University. Upon his arrival here he became a partner of Judge Carson Graham, which relation was maintained until November, 1880, when he formed a partnership with W. S. Field. In March, 1883, this partnership was dissolved and Mr. Campbell removed to Aberdeen, D. T., where he became, and still remains, a member of the firm of Harris & Campbell. Mr. Campbell was a good office lawyer. He was a hard student, and was careful and painstaking in all the work he undertook. He was among the best pleaders that have ever been in the county, his papers rarely being disturbed.
D. E. Hatlestad came to Viroqua on the 16th of July, 1880. He was a native of Norway ; had been educated at the Norwegian school at Decorah, Iowa, graduated from the law department of the Iowa State University, and was sdmitted to practice before the courts of that Slate. Upon his arrival at Viroqua he at once became the partner of H. C. Forsyth. This relation continued until October, 1881, when Mr. Hatlestad went to Crookston, Minn., where he is still in practice. He was a steady, industrious fellow and a fair lawyer.
R. J. Chase was brought up in Vernon county from boyhood. He read law with Terhune & Graham, went to Madison, and for several years was the law partner of J. H. Carpenter, becoming a successful practitioner. He now lives in Sioux City, Iowa, having become quite wealthy, and retired from practice.
.John Nicholson came to Viroqua from Monroe county, and read law with Rusk & Wyman. He was admitted to the bar in 1881, and afterwards opened an office in Hillsborough, and a short time later went to Dakota.
Addison A. Hosmer, a graduate of tiie law school at Cambridge, Mass., was the first practicing lawyer to locate at De Soto. He settled there in 185*7. In 1860 he returned to Massachusetts. During tlie war he served as an officer in one of the Massachusetts regiments, and became quite distinguished. After the close of the war he was made judge advocate, and it was he who sentenced the notorious Wirz of Andersonville infamy to death.
David J3riggs located at De Soto as a Congregational preacher shortly after the wa r. He came from Illinois. He had been licensed as a lawyer some years previous to his coming, and finally gave up the pulpit f r the bar. He was somewhat unfortunate in the profession, and
The Present Bar
Hon. James Evans Newell is the second oldest attorney at law, in point of practice, in Vernon county. He came to Viroqua, Oct. 21, 18.54, and during his long residence in the county has possessed the respect and esteem of his fellow citizens. He is a worthy representative of the pioneer element of Vernon county, who are rapidly and quietly passing away from 'the scenes of their toils and privations. James E. Newell was born in Belmont Co., Ohio, in 1809. He is a son of David and Sarah Newell, natives of Ireland, near Dublin. Upon coming to this country, they first settled in Washington Co., Penn., and subsequently removed to Belmont Co., Ohio. In 1822 they located in Morgan Co., Ohio, where James E. was reared to man hood. In early life he served an apprenticeship at the carpenter trade, but commenced reading law at the age of twenty-three, with John Welch, Esq., of Athens, Ohio. In 1854 he came to this county, and the following year was admitted to practice at the bar. He thinks he was the third attorney to locate at Viroqua, and from that time to the present has secured a goodly shave of practice. In 1856 Mr. Newell was elected a justice of the peace, and with the exception of two years has since officiated in that capacity. The same year he was elected judge of Bad Ax (now Vernon) county, and held the office four years. He has served in various local offices in the village, town and cointy, and represented his district in the State Assembly during 'the session of 1875- 76. During the war he was a first lieutenaut in a Wisconsin regiment. Judge Newell has been three times married. His first wife, Arm Wood, was a native of Ohio, also tlie second wife, who died in Viroqua. His present and third wife was Matilda Longmere, a native of Newfoundland. Eight children were born to the first union, six of whom are living - William, in Missouri; Isaac, in Iowa; Ann, in Kansas; David, in Iowa; Kate, in Fargo, Dak., and Martha W., in Kansas.
W. N. Carter is an attorney at hiw of Viroqua. He was born at Catskill, on the Hudson, in New York, in 184.5, and passed the first ten years of his life among the scenes of Rip Van Winkle's legendery e.xploits. His father, W. N. Carter, Sr., was a native of Green Co.,N. Y., born in 1811, at Durham, and his mother, Mary MacFarland, was also a native of Green county, having been born at Catskill in 1813. In 185-t his father, with his family, removed to Illinois, and in I85.") he removed his family to Vernon Co., Wis., settling at Readstown, in the town of Kickapoo. He was a cooper by trade, but owned a farm and tilled the soil during a goodly portion of his life, lie died at Readstown Dec. 6, 1880, and his beloved wife followed him to the great beyond, Dec. 10, 1882. When the civil war commenced the Carter family were among the first to respond to the call of duty, although having passed the age in which a man may enlist as a soldier. W. N. Carter, Sr., became a sergeant in the 18th regiment, Wisconsin Vol unteer Infantry; was promoted to alieutenantcy, but forced to resign from ill health, before the war closed. There were four sons in the family, and three of them, all that were old enough, entered the service. Sherwood E., was a member of an Illinois regiment, and served four years. He now resides at Lanark, in Illinois. W. N., Jr., enlisted Nov. 22, 1861, at the age of sixteen years, in the 18th regiment, Wisconsin Volunteers, and served till Aug. 1, ls05. He was in active service during the whole period of his enlistment, and was promoted to sergeant, lieutenant and cajitain, holding the latter rank at the time of his discharge. Charles A. enlisted when but sixteen years of age, in company I, I7th regiment Wisconsin, Volunteer Infantry. He was severely wounded at Atlanta, Ga., and died of his injuries. W. N. Carter learned the cooper trade, as did his brother^-, with his father, but after the war taught school for some years in Vernon county. He commenced the study of law in 1872, and three years later, entered the law office of Judge Terhune. He was admitted to practice in 1875, and was a law partner of H. C. Proctor until November, 1877. He then went to Readstown, but returned to Viroqua in January, 1883, and has since resided there. He has held the offices of town clerk, treasurer and chairman, in the town of Kickapoo, and was in 1880, the nominee of the democratic party, for State senator in the district composed of the counties of Vernon and Crawford, and in 1882 ran as an independent democrat for the Assembly, in the second assembly district of Vernon county, but the senate and assembly districts being largely republican,he was defeated in both instances.
Walter S. Field, a practicing attorney of Viroqua, is a life resident of Vernon county. He was born in Hillsborough town in the fall of 1856. His father, Albert Field, was a pioneer of that town, locating in 1851. Walter was graduated from the Wisconsin State Univeisity, at Madison, in the class of 1878, and from the law department of the same institution in the spring of 1880. In the October following he came to Viroqua, and became associated in the practice of his profession with A. W. Campljell, under the firm name of Campbell & Field. The former is now in Aberdeen, Dak., aad a member of the law firm of Harris & Cam])bell. Mr. Field has been alone in the practice of law since March, 1883. He married Emma Tourjee, a native of Lafayette Co., Wis. Her father, Charles Tourjee, is deceased, and her mother is the wife of H. D. Williams, of Viroqua.
tury. He was born in Windsor Co.,Vt., July 7, 1847, and when seven years of age, his parents removed to Stoughton, Dane Co., Wis. In 1856 they removed to Hillsborough, in this county, where they made a permanent settlement, and now reside. Mr. Wyman grew to manhood in Vernon county, and in early life prepared himself for the teacher's profession. He taught for several years, then attended the State University at Madison,for three years, and subsequently held the office of county superintendent of schools in Vernon county, for three terms from Jan. 1, 1874. He studied law, and was admitted to the bar, March 29, 1877. He was elected district attorney for Vernon county at the general election in 1881, and was village president of Viroqua in 1882, where he has resided since 1871. The present law copartnership of Rusk & Wyman was formed in January, 188U. He married Emma Hammer, of Hillsborough, Dec. 28,1875. They have one son - Bernard M. Mr. Wyman is a man of fine attainments, well versed in his profession, and is an able and popular lawyer.
Col. C. M. Butt, county judge of Vernon county, and senior member of the law firm of Butt & Graves, has been a resident here since the spring of 1858. He was born in Morgan Co., Ohio, in 1833, and began the study of law at the county seat, McConnellsville, in May, 1856. In the fall of 1857 he went to Des Moines, Iowa, and the following spring came to Viroqua, Vernon Co., Wis. He had progressed far enough in his studies to be admitted to practice in 1859, and at once opened a law office in his new home. During the summer of 1862, he was chiefiy instrumental in raising company A, of the 25th^ regiment, Wisconsin Volunteer Infantry, and at the date of its organization was made first lieutenant. In March, 1864, he was promoted as captain, and in February, 1865, was chosen major of the 48lh regiment, and in February, 1866, was elected lieutenant colonel of the regiment. Col. Butt was in active duty during his entire service of nearly four years. After the close of the war he was elected treasurer of Vernon county, and served four years. He was elected from this district to the State Senate, and served during the session of 1869-70. In 1871 he was elected district attorney of his county, and re-elected in 1873, serving four years. In 1878 he was elected county judge, and has since officiated in this capacity. Col. Butt is an able lawyer, a valuable public officer, and a man highly, esteemed. He owns a fine farm of 240 acres in this town, adjoining the village where he resides. Mrs. Butt's maiden name was Margaret E. McAully, a native of Indiana, coming to Lancaster, Grant Co., Wis., with her parents. Mr. and Mrs. Butt have a family of five children - two sons and three daughters.
Henry C'lay Forsyth is a young and rising attorney of Viroqua, where he located for practice in August, 1879. He was born in Muskingum Co., Ohio, May 22, 1847. His parents were William and Eliza Forsyth. His paternal grandparents were natives of Ireland, and emigrated to Pennsylvania, and afterward moved to Ohio. His maternal grandparents were reared in the Society of Friends, and rem ved from Chester Co., Penn., to Ohio, where they became members of the Methodist Episcopal Church. Mr. Forsyth came to Vernon county from Ohio, in 1865, and made his home with an uncle, Ellis Reed, of Springville, in the town of Jefi'erson. On the 3d of August 1867, his father was stung to death by bees, and a day later his mother died of a lung disease ; thus throwing the burden of caring for seven orphan brothers and sisters, who, at his request, emigrated to Wisconsin. He received an academic education ; was graduated at the fsorthwestern Commercial College, at Madison, and for a year was a student in the law department of the Wisconsin State University ; but owing to illness, was unable to be present on commencement day. He was admitted to the bar at the session of the circuit court held at Madison in July, 1878, Judge Alvah Stewart presiding. In August, 1879, Mr. Forsyth came to Viroqua, as before stated, and was in partnership with Judge William F. Terhune for about six months. On July Iti, 1880, lie formed a co-partnership with D. E. Hatlestad, which was dissolved in October, 1881. Mr. Forsytli is now alone in the practice, and has been a justice of the peace since August, 1878.
H. P. Proctor is a member of the law firm of Procter & ToUefson, and is one of the most promising legal lights that luminate the bar of Vernon county. He has been a resident of Viroqua since 1869, and from Jan. 1, 1876, to Jan. 1, 1882, served the people in the responsible position of district attorney. He has beeti three times honored with the presidency of the village board, a position which he was satisfactorily filling in 1883. Mr. Proctor was born in Franklin Co., Vt., in 184.3, and in 1862 accompanied his father's family to this county. They located in the village of Newton, where they still reside. In 1864 Mr. Proctor enlisted in company D, 43d Wisconsin Volunteer Infantry, and participated in the various fortunes of that regiment till the close of the strife. After returning home he entered the law office of H. C. Bierce, and afterward that of Judge Carson Graham. He was admitted to practice Dec. 13, 1871, and a short time afterward formed a partnership with his legal preceptor. This relationship continued until 1876, and since that period he has been successively in law partnership with the following named attorneys : W. N. Carter, C. N. Harris and Louis ToUefson, the latter co-partnership being formed Oct. 1, 1879. The firm of Proctor & 'I'ollefson are found in the front ranks among the business firms of the county, both in point of legal business and deserved esteem. Mr. Proctor was united in marriage with Augusta, daughter of the late John W. Allen, ex-county treasurer, who died Aug. 31,1881. Of their four children, three are living - Walter S., Harold P. and Celia M. Their second son is deceased.
Louis ToUefson, junior member of the law firm of Proctor & ToUefson, Viroqua, was born in Norway, in 1851. In 1861 he accompanied his parents to America, and to Allamakee Co., Iowa, where they made a settlement. In 1868 Mr. ToUefson went to La Crosse, Wis., where he was employed as a clerk for five years, and also took a full course in the commercial college. In 1874 he came to Viroqua and obtained employment as a clerk with J. Henry Tate, with whom he continued one year. The following summer he went to Lansing, Iowa, nnd was engaged in the lumber trade with a brother lor a short time. Returning to Viroqua he embarked in the mercantile trade, which he continued till the spring of 1880. He then entered the law office of H. P. Proctor, was admitted to the bar in October, 1881, and has been a partner with his preceptor since that date. Mr. ToUefson is the only Norwegian attorney in Vernon county, and the firm enjoy an extensive and lucrative practice. Mr. ToUefson married Celia, daughter of J. W. Allen, ex-treasurer of Vernon county. She died March 12, 1883, leaving one son.
Charles W. Graves is the pioneer member of the law firm of Butt & Graves, and located here for practice in May, 1879. His father, Lewis W. Graves, Esq., was for twenty-five years a prominent member of the bar of Monroe Co., Wis. Charles W. was born at East Aurora, in Erie Co., N. Y., Nov. 29, 1854, and was a law student under his father for many years. He also studied a short time with A. E. Bleekman, Esq., of Sparta, Wis., and was admitted to practice in the circuit court at Sparta, Jan. 5, 1876. He there formed a law partnership with Fred T. Condit, which continued through 1876, and afterward with A. E. Bleekman. This latter tie was severed in 1879, and Mr. Graves came to Viroqua, where he has been in active practice since. His wife was formerly Ida Rea, a native of Oshkosh, Wis. They have two children - Earl W. and Ray.
Provenance
Text from History of Vernon County, Wisconsin, Together with Sketches of Its Towns, Villages and Townships, Educational, Civil, Military and Political History; Portraits of Prominent Persons, and Biographies of Representative Citizens; History of Wisconsin.., published 1884, in the public domain in the United States and digitised by the Internet Archive.